Review the investor-level job evidence
EB-5 generally requires at least ten qualifying full-time jobs per investor. Regional-centre cases may use permitted methodologies under the applicable rules. Examine assumptions, qualifying treatment and allocation instead of dividing a promotional headline without further review. Ask how jobs are counted, which assumptions are used, and how the investor’s allocation is recorded. A methodology may be permitted without making every promotional job figure usable. Retain dated copies so later changes can be assessed against the version used for the case.
Establish the actual capital requirement
Current statutory levels are generally US$1.05 million or US$800,000 for a qualifying targeted employment area or infrastructure project, with adjustment scheduled from January 1, 2027. Establish lawful source and path and qualifying capital at risk, not merely a subscription promise. Map the source trail from the original lawful funds through each account and into the enterprise. The same map should distinguish qualifying capital from fees or charges. An unexplained intermediary, transfer, or use of funds deserves explanation before the next filing step.
Understand the process after investment
An investor petition does not itself grant residence or employment permission. Complete the applicable residence process subject to admissibility and visa availability. I-829 is generally filed in the 90 days before the second anniversary of conditional residence, and filing does not itself remove conditions. Treat the immigrant process and the project calendar as linked but separate. Petition approval alone does not provide a completed residence outcome. Keep notices and conditions in order so that the conditional period and subsequent I-829 preparation are not lost among project updates.
Pair job allocation with participation rights
A share of projected jobs does not itself establish the investor’s required involvement in management or policy formulation. Read the enterprise documents for those rights, including qualifying limited-partner rights where applicable. The requirement does not mean every investor must direct day-to-day operations. Review the agreement for management or policy rights and keep those provisions separate from the job analysis. The investor need not run daily operations, but the documents must support the required involvement. Do not let a favourable job projection obscure a weak enterprise-rights record.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.